Tiner v. Abbott et al
| Thomas Tiner |
| Governor Greg Abbott, Sheriff Kelly Rowe, NFN NLN, StarCare Medical, Lubbock County Sheriff's Department, Officer NFN Morales, 5 Star Dining Cooking Company, Wellpath Medical, Private Cook Co., StarCare Medical Co., Texas Commission of JNK Standards and Officer NFN Aimes |
| 5:2023cv00047 |
| March 7, 2023 |
| US District Court for the Northern District of Texas |
| D Gordon Bryant |
| James Wesley Hendrix |
| Prisoner Pet/Other: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on April 26, 2023. A more recent docket listing may be available from PACER.
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| Filing 29 Consent To Proceed Before a United States Magistrate Judge by Thomas Tiner (lkw) |
| Filing 28 CONSENT TO PROCEED BEFORE A UNITED STATES MAGISTRATE JUDGE filed by Thomas Tiner. (krr) |
Filing 27
ORDER FOR AUTHENTICATED RECORDS: It is therefore ORDERED that the entities and/or officials listed in this Order shall provide the Court with authenticated and verified copies of any and all records pertaining to the specific allegations in Plaintiffs Complaint and any amended complaint. An authorized custodian of the records must execute the attached Certification of Business Records (Certification) and attach the executed Certification to the records provided to the Court. The records and executed Certification must be returned to the Court on or before May 19, 2023. This Order does not require action from Plaintiff. Plaintiff is admonished that filing documents in response to this Order will likely delay the resolution of his claims. The Clerk shall mail a copy of this Order and Plaintiffs Complaint and any amended complaint to the above-listed addresses. (Clerk Note: Clerk mailed this Order to Plaintiff, and also mailed a copy of this Order, Plaintiff's Complaint, and Amended Complaint to the addresses listed in the Order on this date.) (Ordered by Magistrate Judge D. Gordon Bryant, Jr. on 4/18/2023) (krr)
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Filing 26
Notice of Availability of Magistrate Judge to Exercise Jurisdiction. (Clerk to send Consent Form as directed.) If appropriate, party(ies) should return the signed consent form to the clerk within 30 days from the receipt of this notice. (Note: Clerk mailed this Order along with Misc. Order No. 14 and the attached Consent form to Plaintiff on this date.) (Ordered by Magistrate Judge D. Gordon Bryant, Jr. on 4/18/2023) (Attachments: #1 Lubbock Miscellaneous Order No. 14) (krr)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:26,27. Clerk mailed Orders to Plaintiff along with Lubbock Misc Order 14,and Consent form. (Clerk also mailed Copy of order #27 , the complaint and any amended complaint to the officials listed in that order. Tue Apr 18 14:41:51 CDT 2023 (crt) |
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Filing 25
ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge D. Gordon Bryant, Jr. for all further proceedings. Judge James Wesley Hendrix no longer assigned to case. This case will now be numbered Civil Action No. 5:22-CV-00047-BQ. (Ordered by Judge James Wesley Hendrix on 4/17/2023) (krr)
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Filing 24
PLRA FILING FEE ORDER: Plaintiff is granted leave to proceed in forma pauperis under 28 U.S.C. 1915. Plaintiff will not be assessed an initial partial filing fee because he lacks the requisite funds in his prison account to pay an initial fee; however, plaintiff will be required to pay the full filing fee of $350.00 under the PLRA. Plaintiff must pay the $350.00 in monthly installments as provided in 28 U.S.C. 1915(b)(2). After payment of the initial partial filing fee, if any, the agency having custody of Plaintiff shall deduct 20% of each deposit made to Plaintiffs inmate trust account and forward payments to the Court on a regular basis provided the account exceeds $10.00. NOTE: Clerk also mailed a copy of this Order to LCDC Accounting Department. (Ordered by Judge James Wesley Hendrix on 4/17/2023) (krr)
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| Filing 23 NOTICE - Copy of Objection previously mailed to Fifth Circuit, Court of Appeals, by by Thomas Tiner. (krr) |
| Filing 22 Mail returned as undeliverable RE: #1 Complaint, #2 , and #3 Notice and Instruction, which were received back from Thomas Tiner as RTS. Clerk re-mailed documents with updated inmate number. (krr) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:24,25. Mon Apr 17 14:55:16 CDT 2023 (crt) |
| Filing 21 Certificate of Inmate Trust Account by Thomas Tiner, TDCJ # 220893. (Attachments: #1 Additional Page(s) Cover Letter for Certificate) (krr) |
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Filing 20
ORDER: Plaintiff filed a request for production of documents (Dkt. No. #16 ) and a motion for temporary restraining order (TRO). (Dkt. No. #17 .) As explained below, the motions are denied as frivolous. Additionally, Plaintiff is warned that if he continues to file frivolous pleadings in this case, sanctions may be imposed against him. (Ordered by Judge James Wesley Hendrix on 4/5/2023) (krr)
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| Filing 19 MOTION for Leave to Proceed in forma pauperis with certificate of trust account filed by Thomas Tiner. (krr) |
| Filing 18 AMENDED COMPLAINT against All Defendants filed by Thomas Tiner. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (krr) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:20. Wed Apr 5 15:12:28 CDT 2023 (crt) |
| Filing 17 MOTION for Temporary Restraining Order filed by Thomas Tiner. (krr) |
| Filing 16 MOTION FOR PRODUCTION OF DOCUMENTS filed by Thomas Tiner. (krr) (Main Document 16 replaced on 4/3/2023) (krr). |
| Filing 15 ADVISORY filed by Thomas Tiner. (krr) |
| Filing 14 Public correspondence filed, deputy clerk response attached, received from Thomas Tiner. (Attachments: #1 Clerk's Correspondence Letter) (krr) |
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Filing 13
ORDER: Thomas Tiner, a pretrial detainee proceeding pro se, filed a motion for preliminary injunction seeking an order regarding meal size, law library access, and mail processing at the Lubbock County Detention Center (LCDC). (Dkt. No. #11 .) As explained below, the request for a preliminary injunction is denied. But this order is limited to consideration of the extraordinary remedy requested and does not state an opinion on the merits of Plaintiffs underlying constitutional claims. Plaintiff's underlying constitutional claims which remain pending judicial screening under 28 U.S.C. 1915(e)(2) and 1915A(a). (Ordered by Judge James Wesley Hendrix on 3/29/2023) (krr)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:13. Wed Mar 29 14:53:40 CDT 2023 (crt) |
| Filing 12 Mail returned as undeliverable. 7 Order And Notice of Deficiency 6 Order received back from Thomas Tiner as RTS: Not Deliverable as Addressed; Unable to Forward. Clerk re-mailed document with updated inmate number. (bmh) |
| Filing 11 MOTION for Preliminary Injunction filed by Thomas Tiner (bdg) |
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Filing 10
ORDER: Plaintiff, a detainee at the Lubbock County Detention Center (LCDC) filed a handwritten document titled "Motion for Court Class Action" that was construed as a civil rights complaint under 42 U.S.C. 1983. (Dkt. No. #1 .) Plaintiff also seeks appointment of counsel. The Court has ordered Plaintiff to cure the filing fee deficiency. (Dkt. No. 7 .) The Court denies the request for class certification and appointment of counsel. (Ordered by Judge James Wesley Hendrix on 3/24/2023) (krr)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:10. Fri Mar 24 13:04:17 CDT 2023 (crt) |
| Filing 9 MOTION for Leave to Proceed in forma pauperis filed by Thomas Tiner. (krr) |
| Filing 8 AMENDED COMPLAINT against 5 Star Dining Cooking Company, Greg Abbott, Lubbock County Sheriff's Department, NFN Morales, Kelly Rowe, StarCare Medical filed by Thomas Tiner. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (krr) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:6,7. Electronic Order mailed to Plaintiff. Clerk mailed an application to proceed in forma pauperis, a certificate of inmate trust account with authorization, and a prisoner civil-rights complaint form marked "amended," to Plaintiff along with a copy of this order 7 also. Thu Mar 16 08:05:28 CDT 2023 (crt) |
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Filing 7
ELECTRONIC ORDER AND NOTICE OF DEFICIENCY. Plaintiff must address the following deficiencies: The complaint was not filed on the court-approved form and neither the $402 filing fee nor a request to proceed in forma pauperis was submitted. Therefore, by April 17, 2023 (30 days), Plaintiff is ORDERED to (1) file the civil-rights complaint on the approved form, and (2) pay the $402 filing fee or file an application to proceed in forma pauperis on the approved form with the required certificate of inmate trust account. Plaintiff's failure to comply with this order may result in the dismissal of this action under Federal Rule of Civil Procedure 41(b). The Clerk will mail an application to proceed in forma pauperis, a certificate of inmate trust account with authorization, and a prisoner civil-rights complaint form marked "amended," to Plaintiff along with a copy of this order. (Ordered by Judge James Wesley Hendrix on 3/15/2023) (chmb)
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Filing 6
ELECTRONIC NOTICE OF JUDICIAL SCREENING AND STANDING ORDER: Judicial screening of this case is pending. See 28 U.S.C. 1915(e)(2); 28 U.S.C. 1915A(a). It is therefore ORDERED that (1) service of process will be withheld until judicial screening is complete, (2) no motions for appointment of counsel may be filed until the Court has completed the screening process, (3) all discovery in this case is stayed until an answer is filed or until further order, (4) no amendments or supplements may be filed without prior Court approval, and (5) any motion to amend the complaint must be accompanied by a complete proposed amended complaint on the required form. It is further ORDERED that Plaintiff must promptly notify the Court in writing of any change of address. Failure to provide updated address information may result in the dismissal of the case under Fed. R. Civ. 41(b). (Ordered by Judge James Wesley Hendrix on 3/15/2023) (chmb)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:7. Clerk mailed NEF to Plaintiff along with an application to proceed in forma pauperis, a certificate of inmate trust account with authorization, and a prisoner civil-rights complaint form marked "amended," to Plaintiff. Wed Mar 15 15:41:12 CDT 2023 (crt) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:6. Clerk mailed NEF to Plaintiff Wed Mar 15 15:38:22 CDT 2023 (crt) |
| Filing 5 MOTION to Appoint Counsel filed by Thomas Tiner. See ECF No. #1 for PDF of Motion. (krr) |
| Filing 4 MOTION to Certify Class Action filed by Thomas Tiner. See ECF No. #1 at for PDF of Motion. (krr) |
| Filing 3 Notice and Instruction to Pro Se Party. (krr) |
| Filing 2 New Case Notes: A filing fee has not been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. (krr) |
| Filing 1 COMPLAINT WITH JURY DEMAND against All Defendants filed by Thomas Tiner. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: #1 Clerk's Correspondence Letter) (krr) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:1,2,3. Tue Mar 7 11:50:17 CST 2023 (crt) |
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